Claimant v True Drylining Ltd
Outcome
Individual claims
This was a Rule 21 default judgment where the respondent failed to present a response within the relevant time limit. The tribunal accepted the claimant's claim for unauthorised deduction from wages and awarded the full amount claimed.
The respondent failed to provide a written statement of main terms of employment as required by section 1 ERA 1996. Under section 38 Employment Act 2002, the tribunal applied a mandatory uplift of four weeks' gross pay to the award.
Facts
The claimant brought a claim for unauthorised deduction from wages totalling £6,551.72 and for the respondent's failure to provide a written statement of main terms of employment. The respondent, a drylining company, failed to present a response within the relevant time limit.
Decision
The tribunal entered default judgment under Rule 21 in favour of the claimant. The respondent was ordered to pay £6,551.72 for unauthorised deductions from wages, plus a statutory uplift of £1,628.80 (four weeks' gross pay) for failure to provide written terms, totalling £8,180.52 gross.
Practical note
Default judgments under Rule 21 are entered where a respondent fails to file a response, and tribunals will apply mandatory statutory uplifts where employers have failed to provide written statements of terms.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1304835/2023
- Decision date
- 12 January 2024
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- construction
- Represented
- No
Employment details
Claimant representation
- Represented
- No